Hershey v. Kaber et al, No. 1:2018cv01888 - Document 34 (D. Or. 2019)
Court Description: OPINION AND ORDER: Adopting Magistrate Judge Clarke's Findings and Recommendation 29 . Defendants' motions to dismiss with prejudice are granted and this case is dismissed with prejudice. Plaintiff's motion for judicial notice 28 is denied. Signed on 6/13/2019 by Judge Michael J. McShane. (Mailed to Pro Se party on 6/13/2019.) (cp) Modified on 6/13/2019 to add the word opinion to the docket, resent NEF(cp).
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION KENNETH HERSHEY, Case No. l:18-cv-01888-CL Plaintiff, v. OPINION AND ORDER KLAMATH COUNTY SHERIFF CHRIS KABER, CIRCUIT COURT JUDGE ANDREA JANNEY, Defendants. _______________________________ MCSHANE, Judge: Magistrate Judge Mark D. Clarke filed a Report & Recommendation (“R&R”), ECF No. 29, and the matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b). Plaintiff timely filed objections to the R&R. ECF No. 31. Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(C); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and conclude that the report is correct. Judge Clark’s R&R is adopted in full. Defendants’ motions to dismiss with prejudice, ECF Nos. 11, 13, 15, are GRANTED and this case DISMISSED with prejudice. Plaintiff’s motion for judicial notice, ECF No. 28, is DENIED. IT IS SO ORDERED. DATED this 13th day of June, 2019. /s/ Michael McShane________ Michael J. McShane United States District Judge Page 1 – OPINION AND ORDER
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